Nandani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43247 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- PARBATTA District- Khagaria ======================================================
1. Nandani Devi, aged about 41 years, Female, W/o Gorelal Paswan
2. Gorelal Paswan, aged about 47 years, Male S/o Late Gohil Paswan Both are resident of Village- Khira Dih, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mirtyunjay Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Parbatta P.S. Case No. 29 of 2024 dated 25.01.2024, instituted for the offence punishable under Sections 304/34 of the Indian Penal Code.
3. The allegation against the petitioner no. 1 namely, Nandani Devi is that, she injected four injections to the pregnant wife of brother of the informant namely, Gayatri Devi due to which her condition got worse and subsequently, she died. Petitioner no. 2 namely, Gorelal Paswan is alleged to have helped his wife namely, Nandani Devi (petitioner no. 1) in giving the injection to the said Gayatri Devi.
Patna High Court CR. MISC. No.43247 of 2024(2) dt.10-07-2024 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have falsely implicated in this case. It is further submitted that petitioner no. 1 namely, Nandani Devi is an ASHA worker of Village- Khiradih and her duty is only to bring the pregnant lady to the hospital. It is further stated that there is no any whisper about the allegation levelled against the petitioner no. 2. It is further submitted that petitioner no. 1 works as an ASHA since 2005 and there is no complaint against her, by any person till date. It is further submitted that no one has ever claimed that she knows how to inject an injection. Lastly, it has been submitted that petitioners have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Parbatta P.S. Case No. 29 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Khagaria, subject to condition as laid down
Patna High Court CR. MISC. No.43247 of 2024(2) dt.10-07-2024 3/3 under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T